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LEGISLATURE OP THE STATE OF NEW-YORK 









NEW -YORK STATE PRISON 



NEW-YORK: 

PRINTED BY BRODERICK AND BITTER, 

No. 20 James-street. 

1819. 



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FOR THE GOVERNMENT OF THE 

NEW-YORK STATE PRISON, 



Laws passed April b 5 1810. 

Sec. I. Obsolete. 

Sec. II. Obsolete. 

Sec. III. Obsolete. 

Sec. IV. Obsolete. 

Sec. V. »/fec? ta it further enacted, That it shall be the 
duty of the Inspectors of the said prison, in their annual 
report, with the assistance of the Attorney-general, 
or District Attorney, to devise and propose for the 
consideration of the Legislature, such alterations and 
improvements in the penal laws, or in any of the laws 
and regulations relative to the said prison, as they 
may from time to time deem useful and necessary. 



Laws passed April 8, 1811. 

Sec. I. Obsolete. 

Sec. II. And be it further enacted, That it shall be 



lawful for the Agent of the State Prison, by and with 
the advice and resolutions of the Inspectors, to bor- 
row from the New-York or any other bank, on his 
note as agent, from time to time, a sum or sums not 
exceeding in the whole twenty thousand dollars in 
one year, which money shall be appropriated to the 
purchasing of new and other materials for carrying 
on advantageously the manufactures and other con- 
cerns of the prison. 
Sec. III. Obsolete. 



Laws passed April 9, 1811. 

Sec. XL VIII. And be it further enacted, That it shall 
be lawful for the Mayor of the city of New- York, at 
any time in his discretion, on the representation of 
the Inspectors of the State Prison, that the public 
interests require the measure, to suspend the Captain 
of the State Prison Guard from the execution of the 
duties of his office, which suspension may continue 
until the sense of the Council of Appointment shall 
be had thereon. 



Dtexised Laws oi 181&. 

Sec. I. Be it enacted by the People of the State of JYeto- 
York, represented in Senate and Assembly, That the pub- 
lic building erected in the city of New-York for the 



reception of convicts, shall be called the ;; State 
Prison;" and that the person administering the gov- 
ernment of this state, by and with the advice and 
consent of the Council of Appointment, shall, as often 
as may be requisite, appoint such number of persons, 
not exceeding seven, as may be necessary to form a 
Board of Inspectors therefor; and that the said In- 
spectors shall meet at the prison once at least in 
every month, and oftener if necessary, or if required 
by the visiting Inspectors hereinafter mentioned; and 
that the said Inspectors, together with the Justices 
of the Supreme Court, the Mayor and Recorder of 
the city of New-York, the Attorney-general, and the 
District Attorney for the district in which the said 
city shall be comprehended, or a majority of them, 
shall have power, from time to time, to make such 
rules as they shall think proper for the government 
of the convicts confined in the State Prison, their 
diet, clothing, and maintenance, and for all other 
interior regulations for the said prison, not inconsist- 
ent with the laws and constitution of this state, and 
the intention of this act. And the said Inspectors 
shall appoint two or more of their number to be a 
visiting committee, and renew such appointment at 
least once in every month; whose duty it shall be to 
visit the prison once at least in every week. 

Sec. II. And be it further enacted, That the Inspec- 
tors shall have the charge and custody of the prison, 
and prisoners therein, and they may appoint and 
employ under them a Principal Keeper, a Deputy 
Keeper, and as many Assistant Keepers as they shall 



deem proper : # and whenever there shall happen to 
he no Principal Keeper, all the duties and power of 
Principal Keeper shall devolve and be executed by 
the Deputy Keeper, until a Principal Keeper shall 
be appointed : and all writs of habeas corpus to be 
granted in behalf of any person confined in the said 
prison shall be directed to, and returned by the 
Keeper of the said prison for the time being. 

Sec. III. And be it further enacted, That it shall and 
may be lawful for the Inspectors of the State Prison 
to appoint an Agent, who shall, previous to his enter- 
ing on the duties of his office, give such security for 
the faithful performance thereof as the said Inspec- 
tors shall require, and whose duty it shall be, under 
the direction of the said Inspectors, to attend daily 
at the said prison, to view and superintend all the 
business thereof, to examine whether the Keepers 
have been careful and vigilant, and to inquire gene- 
rally into the state of the prison, as well as the health, 
conduct, and safe-keeping of the prisoners ; and to 
employ them in useful work, in such manner as will 
be most beneficial to the public, and suitable to 
their various capacities; to purchase their provisions,f 
and articles for their clothing and bedding, and the 
provision for the Keepers ; J and also to purchase the 
tools and implements necessary for the convicts, and 
all the raw materials to be manufactured; of all which 
he shall render a weekly account for the examination 
of the Inspectors, or visiting committee. And it shall 

* A subsequent law designates the number of Assistant Keepers. 
t Provisions, by a subsequent law, are supplied by contract. 
X By a subsequent act, the Keepers supply themselves. 



also be the duty of the said Agent to superintend aM 
the manufacturing and mechanical business that is 
or may be carried on within the said prison, and re- 
ceive the articles so manufactured, and dispose of 
the same for the benefit of the state, under the di- 
rection of the said Inspectors. And that the said 
Inspectors shall appoint one or more clerks to keep 
the books and accounts of the State Prison, and to 
assist the Agent in the performance of his duty. 

Sec. IV. And be it further enacted, That all the con- 
tracts and dealings on account of the said institution* 
shall be transacted by and in the name of the Agent 
of the State Prison; and by that name the present 
Agent and his successor in office shall be capable m 
law of suing and being sued, pleading and being Im- 
pleaded, answering and being answered urtfo, de- 
fending and being defended, in all courts and places^ 
and in all actions and suits, complaints, matters, and 
causes concerning the State Prison. And by thai 
name the Agent for the time being shall be, and 
hereby is authorised and empowered to sue for, pro- 
secute, recover^and receive, of and from all per- 
sons indebted to any former Agent or Inspectors of 
the State Prison, or to the people of this state or* 
account thereof, such sums of money as shall be daae^ 
or become due, of and from any person or persons 

Sec. V. Repealed. 

See. VI. Obsolete, 

Sec. VII. And be it further enacted, That it shall foe 
the duty of the Agent of the State Prison, in all cases 
possible, to collect or secure the payment of all 
outstanding debts, and to specify in his annual re- 



8 

port to the Comptroller, as nearly as may be, the 
amount of bad debts ; and it shall not in future be 
lawful for the said Agent to sell any article manu- 
factured in the State Prison on a credit of more than 
six months. 

Sec. VIII. And be it further enacted, That it shall and 
may be lawful for the Agent of the State Prison, 
whenever any dispute or controversy shall arise re- 
lative to any claim or demands which any person or 
persons now or hereafter may have against the Agent 
of the prison, or any claim or demand which the 
said Agent may now or hereafter have against any 
person, to refer the same to arbitration, of two or 
more persons mutually chosen by the said Agent and 
the person or persons with whom such controversy 
may exist. 

Sec. IX. And be it further enacted, That on the ap- 
plication of any prisoner or prisoners confined in the 
State Prison to the Agent, requesting him to take 
charge of his, her, or their property, the Agent be 
empowered to collect and receive, and sue for any 
goods, chattels, or moneys due, or belonging to such 
prisoner or prisoners, and to keep a correct account 
thereof, and to pay the amount to said prisoner or 
prisoners, when released, or to his, her, or their 
legal representatives. And if such prisoner or pri- 
soners should not be released, and if no legal repre- 
sentative should demand such property, then, and in 
that case, the same shall be applied to the use of 
the state. 

Sec. X. And be it further enacted, That no person 
acting as Inspector of the State Prison shall at the 



9 

-jame time be competent or permitted to act as 
Agent. 

Sec. XI. And be it further enacted, That it shall be 
the duty of the Comptroller to examine the accounts 
of the Agent, and lay a statement thereof before the 
Legislature, on or before the second Monday of 
March annually. 

Sec. XII. And be it further enacted, That it shall be 
deemed an offence against the people of this state, 
for any Deputy or Assistant Keeper of the said pri- 
son, or any workman employed in or about the pri- 
son, or for any other person, to convey out of, or 
bring into the prison any letter or writing, or any 
other thing whatsoever, without being examined by 
one of the Inspectors, the Agent, or Keeper. 

Sec. XIII. And be it further enacted, That it shall be 
unlawful for the Principal Keeper of the said prison, 
or his assistants, or any person whomsoever, to in- 
troduce into, or give away, or barter, or sell, within 
the said prison, any spirituous or fermented liquors, 
excepting only such as are necessary for the Keepers, 
or their families, or permitted by the Inspectors, or 
ordered by the Attending Physician : and for all 
such offences, the person or persons offending shall 
forfeit the sum of twelve dollars and fifty cents, to be 
recovered, with costs of suit, before any Justice of 
the Peace of the city and county ; the one moiety of 
which shall be for the benefit of the prosecutor, and 
the other for the Inspectors, for the purposes herein 
mentioned. 

Sec. XIV. And be it further enacted, That such con- 
victs as aforesaid who shall be sentenced to impri- 

2 



10 

sonment in the State Prison, shall be clothed in habits 
of coarse materials, and be sustained upon a suffi- 
cient quantity of inferior but wholesome food, at the 
discretion of the said Inspectors, and shall be kept, 
as far as may be consistent with their sex, age, health, 
and ability to labour, in such manner as shall be 
deemed just and right. 

Sec. XV. And be it further enacted, That in all cases 
where any person shall be adjudged to imprison- 
ment in the State Prison, all expenses and charges 
to arise in conveying such offender to the same, shall 
be defrayed out of the treasury of this state ; and 
also all sums of money and suitable rewards paid for 
advertising and apprehending any convict or con- 
victs who may have escaped from the said prison. 

Sec. XVI. And be it further enacted, That when any 
person shall be convicted and sentenced to imprison- 
ment in the State Prison, the Clerk of the Court in 
which such sentence shall be passed, shall make and 
certify a copy thereof, and deliver the same to the 
Sheriff, who shall, when he conveys such convict to 
the said prison, deliver the said copy with the said 
convict to the Keeper of the said prison, and receive 
from the said Keeper a certificate of such delivery 
of the said convict; and the Sheriff shall be allowed 
for the support and maintenance of such convicts, at 
and after the rate of one dollar per day for each and 
every convict so conveyed and delivered by him, 
together with the other reasonable expenses attend- 
ing the conveyance of such convict or convicts, and 
shall, in addition thereto, be entitled to and receive 
for his services in conveying such convict or convicts 



11 

as aforesaid, at and after the rate of twenty-five cents 
per mile, to be computed from the place at which 
such Sheriff may have received such convict or con- 
victs; but no other or further charge of mileage 
shall be allowed for conveying two or more-convicts 
as aforesaid, than for the conveyance of one; all 
which moneys shall be paid to the Sheriff performing 
the said services, out of any money in the treasury 
not otherwise appropriated.* 

Sec. XVII. And be it further enacted, That the She- 
riffs of the several counties within this state, during 
the time that they or either of them shall be convey- 
ing to the prison any person convicted in any of the 
counties within this state, shall have the same power 
and the like authority, to demand the assistance of 
any of the people of this state, in securing every 
such person, as if such Sheriff were in the county 
for which he is appointed Sheriff: and all persons 
shall be aiding and assisting such Sheriff, under the 
same penalties as if such Sheriff was in his proper 
county. 

Sec. XVIII. And be it further enacted, That the State 
Prison Guard shall consist of one Captain, to be ap- 
pointed by the person administering the government 
of this state, by and with the advice and consent of 
the Council of Appointment ; one Sergeant, two Cor- 
porals, one Drummer, one Fifer, and not more than 
twenty Privates, who shall be natives of the United 
States, and not less than twenty-one, nor more than 
forty years of age, excepting the Captain, and they 
shall engage themselves for the term of three years 

* Modified by a subsequent law 



12 

at least. Provided however, That the person adminis- 
tering the government of this state for the time being 
may discharge them sooner if he shall think proper 
so to do. 

Sec. XIX. And be it further enacted, That the monthly 
pay of the said Guard shall be as follows : that of 
the Captain shall be forty-eight dollars; that of the 
Sergeant twenty-five dollars; that of the Corporals, 
Drummer, and Fifer, twenty-two dollars; and that 
of the Privates nineteen dollars; which shall be in 
lieu of every compensation, except the articles herein 
after enumerated.* 

Sec. XX. And be it further enacted, That the said 
Non-commissioned Officers and Privates shall be fur- 
nished with necessary arms, ammunition, and accou- 
trements, at the expense of the state: which arms 
and accoutrements shall be delivered over to the 
Captain of the said Prison Guard, at the expiration 
of their several terms of service; and shall wear 
such uniform as the person administering the govern- 
ment of this state for the time being shall direct ; 
and shall also annually receive the following articles 
of uniform clothing, to wit, one hat, one coat, two 
vests, two pair of woollen and two pair of linen 
overalls, four pair of shoes, four shirts, four pair of 
socks, one blanket, one stock and clasp, one watch 
coat every two years, and such fuel as may be 
deemed necessary .* 

Sec. XXI. And be it further enacted, That the said 
Guard shall be stationed at or near the said prison, 
and shall be under the direction of the Mayor of the 

* Revised by a subsequent law 



16 

said city, and- shall obey all such orders, rules, and 
regulations as the said Mayor may, from time to time, 
give or make, for the better and effectual guarding 
of the said prison, for preventing escapes therefrom, 
and for apprehending such of the convicts as may 
have effected their escape. Provided however. That 
it shall not be lawful for the said Mayor to employ 
the said Guard in any other way, or to demand any 
other service or duty from them than such as relate 
immediately to the safe-keeping of the prisoners. 

Sec, XXII. And be it further enacted, That the Mayor 
of the city of New-York shall, from time to time, 
inspect the said Guard, and report the state thereof 
at least once in every three months to the person ad- 
ministering the government of the state for the time 
being; and may, in his discretion, direct the dis- 
charge of any Non-commissioned Officer, Musician, 
or Private, belonging to the said Guard, and cause 
all vacancies to be filled by new engagements; and, 
on the representation of the Inspectors of the State 
Prison, may suspend the Captain of the said Guard 
from the execution of his duties, until the sense 
of the Council of Appointment be had in the pre- 
mises : and that the said Mayor, together with any 
two of the Inspectors of the State Prison, shall, from 
time to time, make and establish rules, regulations, 
and orders for the better government of the said 
Guard, for the trial of all offences against disci- 
pline, and for inflicting proper punishments for 
breaches thereof, not exceeding a fine of one month's 
pay, and sixty days imprisonment in such place as 
the Court shall direct. 



14 

Sec. XXIII. And be it further enacted/Yh&t it shall be 
the duty of the Officer commanding the said Guard to 
make a weekly return of the said Guard to the said 
Mayor. 

Sec. XXIV. And be it further enacted, That if any 
Non-commissioned Officer or Private shall desert 
from the said Guard, he shall, on conviction by a 
jury, be sentenced to imprisonment in said prison, 
for a term not exceeding five years : and it shall and 
may be lawful for the Agent of the State Prison to 
pay, from time to time, such sums of money as he 
may deem necessary, for the purpose of advertising, 
apprehending, and securing deserters, and furnish- 
ing substitutes with clothing. 

Sec. XXV. And be it further enacted, That no Officer, 
Non-commissioned Officer, Drummer, Fifer, or Pri- 
vate belonging to said Guard, shall board and lodge 
at any other place than at the barracks erected for 
that purpose. 

Sec. XXVI. And be it further enacted, That all and 
every of the persons now belonging, or that shall 
hereafter at any time belong to the State Prison 
Guard, shall, for and during the time of their con- 
tinuance in service in such Guard, be and remain 
free from all arrests by civil process. 

Sec. XXVII. And be it further enacted, That the 
Treasurer of this state shall, from time to time, pay 
to the Agent, by order of the Inspectors of the 
said prison, or any two of them, on the warrant of 
the Comptroller, such sums as shall appear to the 
Comptroller necessary for the payment of the said 
Guard, and for the purchase of the arms, ammunition. 



15 

and accoutrements, and the other articles with which 
thej are to be furnished as aforesaid.* 

Sec. XXVIII. I And be it further enacted. That the 
Agent shall be allowed at and after the rate of two, 
thousand dollars per annum ; and the Clerk or Clerks 
shall receive such sum or sums for their services as 
the said Inspectors shall direct, not exceeding the 
sum of six hundred dollars annually to each; and 
the Principal Keeper of the said prison shall receive 
at and after the rate of eight hundred and seventy- 
five dollars per annum, and the maintenance of him- 
self and family in the State Prison; and the Deputy 
Keeper thereof at the rate of six hundred dollars ; 
and the Assistant Keepers respectively three hundred 
dollars per annum for their services ; and the said 
Deputy and Assistant Keepers to be maintained also 
in the said prison : which said salaries shall be paid 
by the Comptroller, on application of the Agent, 
signed by at least four of the Inspectors. And it 
shall be lawful for the said Inspectors to remove the 
aforesaid Officers, or any or either of them, when- 
ever in their judgment the interest of the institution 
shall require it.f 

Sec. XXIX. And be it further enacted, That the In- 
spectors, and the other persons performing any duty 
in the said State Prison, shall be exempted, during 
their continuance in office, from serving on juries, 
and from military duty. 

Sec. XXX. And be it further enacted, That it shall be 



* Revised by a subsequent act. 

i Altered in some respects by subsequent acts 



16 

lawful for the Inspectors of the State Prison, by and 
with the advice and consent of the Mayor of the 
said city of New-York, if in their *opinion the ap- 
proach of an hostile force, or other urgent occasion 
shall render it expedient, to remove the convicts in 
the said prison to such place or places of security 
in the state as they shall judge fit. 

Sec. XXXI. And be it further enacted, That it shall 
be the duty of the Inspectors of the said prison to 
transmit to the Legislature, annually, on or before 
the third Monday of February,* a report, exhibiting 
a complete and comprehensive view of their trans- 
actions during the preceding year; of the number 
of convicts confined in the said prison ; of the va- 
rious branches of business in which they are em- 
ployed; and the number of convicts in each branch, 
and the nett profits, if any, arising therefrom ; and 
shall also in their said report, with the assistance of 
the Attorney-general, or District Attorney, propose 
for the consideration of the Legislature such altera- 
tions and improvements in the penal laws, or in any 
of the laws and regulations relative to the said pri- 
son, as they may, from time to time, deem useful and 
necessary. 

Sec. XXXII. And be it further enacted, That the per- 
sons authorised to visit and inspect the prison at 
pleasure, shall be the Governor, Lieutenant-governor, 
Members of the Legislature, Chancellor, Judges of 
the Supreme Court, and Mayor, Recorder, and other 
Members of the Common Council of the city of New- 

* Altered by a subsequent act to the 15th of January 



17 

York, Attorney-general, District Attorney, and such 
Ministers of the Gospel as actually reside in the city 
of New- York, and have charge of a church or con- 
gregation therein: and no other person shall be per- 
mitted to enter within the walls where the convicts 
are confined, without a written license signed by the 
Agent or one of the Inspectors : and every person so 
permitted, who is not related to the convict or person 
visited, and hath not pecuniary or necessary business 
to transact, shall pay to the Agent of the prison twelve 
and an half cents for such visit, which shall, under the 
direction of the Inspectors, be applied to the pur- 
chase of religious books for the use of the convicts. 
And it shall be the duty of the Keeper to deliver to 
the Clerk a monthly account of all such permits, who 
shall charge the Agent with the amount thereof. 

Sec. XXXIII. And be it further enacted, That the 
Inspectors shall, from time to time, appoint a Resi- 
dent Physician, who shall be lodged and victualled 
in the prison, and attend daily on the sick : and also 
such Visiting Physicians and Surgeons as they may 
deem necessary, subject to such regulations as the 
Board of Inspectors may direct. And in case exi- 
gencies should require extraordinary services, a rea- 
sonable compensation may be made. 

Sec. XXXIV. And be it further enacted, That the 
Inspectors shall be and hereby are authorised to 
allow to such Minister of the Gospel as they shall 
from time to time approve of, any sum, annually, not 
exceeding two hundred and fifty dollars, for perform- 
ing divine service for the benefit and reformation of 
the convicts. 

3 



18 

Sec. XXXV. Repealed. 

Sec. XXXVI. And be it further enacted, That if any 
vacancy shall happen in the Board of Inspectors, 
during the recess of the Council of Appointment, it 
shall be lawful for the person administering the 
government of this state for the time being, to fill all 
vacancies by new appointments, until the pleasure 
of the said Council be had in the premises. 



Laws passed April 15, 1814. 
Sec. XXIV. Obsolete. 

Laws passed April 18, 1815* 

Sec. XXIII. Obsolete. 

Sec. XXVIII. And be it further enacted, That instead 
of the allowance to Sheriffs, made in and by the six- 
teenth section of the act entitled " An act concern- 
ing the State Prison," for their services and expenses 
in the transportation of convicts sentenced to impri- 
sonment in the State Prison, there be allowed and 
paid to them respectively for their said services 
and expenses, the following sums, to wit: for the 
conveying a single convict, for each mile from the 
county jail from which such convict shall have to be 
conveyed, to the State Prison, fifty cents; for con- 
veying two convicts, for each mile as aforesaid, sixty- 



19 

seven cents; for conveying three convicts, for each 
mile as aforesaid, sixty-nine cents; for conveying 
four convicts, for each mile as aforesaid, seventy-one 
cents; and for conveying five convicts, for each mile 
as aforesaid, seventy-three cents ; and for all addi- 
tional convicts, such reasonable allowance as the 
Comptroller may think just, which said allowances, 
with one dollar per day for the maintenance of each 
convict whilst on the way to the State Prison, shall be 
in full of all charges and expenses in the premises.* 



Laws passed April 1t% 1816. 

Sec. XXIV. And be it further enacted, That the cer- 
tificates of the delivery at the State Prison, of con- 
victs sentenced to imprisonment in the State Prison, 
shall be given by the Principal Keeper of the State 
Prison, to and in the name of the person delivering 
the prisoners, whether such person be the Sheriff of 
the county where the prisoners were convicted, or 
his Deputy. 



Laws passed November \% 1816. 

Sec. I. Be it enacted by the People of the State of New- 
York, represented in Senate and Assembly, That the In 

* Altered in some respects by a subsequent act. 



20 

spectors of the State Prison be, and they are hereby 
authorised and empowered, in conjunction and by 
arrangements with the Corporation of the city of 
New-York, from time to time, to cause to be em- 
ployed, as many of the convicts, who are capable of 
hard labour, as the said Inspectors and the said 
Corpor tion shall agree upon for that purpose, upon 
any of the public avenues, roads, streets, or other 
works in the said city, undertaken by the said Cor- 
poration; and the said Inspectors are hereby further 
authorised and empowered, to cause to be employed, 
as many of the said convicts, who are capable of 
hard labour, as they shall see fit, on any other pub- 
lic works, in the counties of Richmond and Kings; 
and when so employed, the said convicts shall be 
subject to such regulations, as the said Inspectors, 
from time to time, shall prescribe. 

Sec. II. And be it farther enacted, That in case any 
infectious disease should break out among any of the 
convicts, in the State Prison aforesaid, the said In- 
spectors are hereby authorised and empowered, 
forthwith, to cause such convicts, so infected, to be 
removed out of the said prison, during their illness, 
to some suitable place of security, where they may 
receive all necessary care and medical assistance; 
and after their recovery, such convicts shall be re- 
turned to the State Prison, to be confined therein, 
according to their respective sentences, if the same 
be unexpired. 



21 



Laws passed April 15, 1811. 

Sec. I. Be it enacted by the People of the State of New- 
York, represented in Senate and Assembly, That from and 
after the last day of May next, all prisoners confined 
in the State Prison, in the city of New-York, shall 
be supplied with provisions and hospital stores by 
contract, annually to be made and entered into by 
the Agent, under the direction of the Inspectors, 
with such person or persons as may be willing to do 
it on the lowest terms, at a fixed price per diem, for 
each person so imprisoned, the articles of food and 
the quantities of each to be ascertained and deter- 
mined by the Inspectors, and to be inserted in such 
contract ; and so many rations shall be furnished and 
delivered at the prison, as there are convicts confined 
therein daily, or at such other times as may be agreed 
on ; and to ascertain who will furnish the said sup- 
plies on the lowest terms, due notice shall be given 
of the particular supplies wanted, and that proposals 
will be received until a certain reasonable time for 
furnishing said provisions; and also, all hospital 
stores required for the sick prisoners, such proposals 
to specify the lowest price per ration per diem; and 
the contract shall be made with such persons whose 
terms shall be most advantageous to the state, and 
who shall give satisfactory security for the perform- 
ance of their contract. 

Sec. II. And be it further enacted, That from and after 
the said last day of October next, there shall not be 
purchased any materials whatsoever, to be wrought 



22 

or worked up for sale by the convicts confined in the 
State Prison, on account of the state; but the said con- 
victs shall be thereafter solely employed in working 
up such materials as may then remain unmade up and 
unfinished, and after the same are finished, they shall 
be solely employed in manufacturing and making up 
of such materials as may be brought to the said pri- 
son, by or for individuals or companies to whom such 
materials may belong, to be manufactured at fixed 
prices for the labour bestowed upon them, to be paid 
by the owner of the goods to the Agent of the said 
prison, for the use of this state ; and the said Agent 
is hereby required to give public notice in the news- 
papers in the city of New-York, that the said pri- 
soners will be so employed, and shall use all other 
proper means in his power, to obtain materials for 
such kinds of work as the said convicts are most 
capable of doing well, and as will be most for the 
advantage of the state, in relation to which, he shall 
follow such regulations and instructions as may be 
given him from time to time hy the Inspectors : Pro- 
vided nevertheless, that the said Agent may, in his dis- 
cretion, with the approbation and under the direc- 
tion of the Inspectors, until the said last day of Oc- 
tober next, and not afterwards, purchase on account 
of the state such materials as may be necessary to 
enable him to cause to be worked up to advantage 
such articles as have been heretofore purchased ; 
which work shall be finished and completed on or 
before that day, if possible, and for which a sum 
not exceeding five thousand dollars is hereby appro- 
priated : And provided further, that the said Agent 



23 

may purchase such articles of timber for the chair 
maker's business, iron and coal for blacksmiths, ma- 
terials for carpenters, for machine makers, painters, 
and tailors, and dye stuffs, not exceeding annually 
the sum of five thousand dollars, for all the said 
several purposes and objects, in such proportions 
and in such manner as the Inspectors may direct 
from time to time. 

Sec. III. And be it further enacted, That the said 
Agent shall, as soon as it can conveniently and ad- 
vantageously be done, sell all the manufactured ar- 
ticles now made and unsold, or that may be hereaf- 
ter made, to the best advantage, so that all the ac- 
counts of the said institution may and shall be brought 
up and completed on the day last above mentioned, 
if possible; for which purpose, and to close the 
same, he may sell such articles as may then remain 
on hand, at public auction, which he is authorised 
and required to do, in such manner, and at such 
time and place, as the Inspectors may direct; and 
he shall also collect and enforce the payment of all 
debts due to the institution, as soon, and with as 
little expense to the state as possible ; but he may, 
nevertheless, with the approbation of the Inspectors, 
obtain and accept of such security from the debtors, 
on granting time, as may be deemed most conducive 
to the interests of the state ; the moneys to be re- 
ceived to be applied to the discharge of the debts of 
the institution now remaining unpaid. 

Sec. IV. Repealed. 

Sec. V. Repealed. 

Sec. VI. And be it further enacted, That from and 



24 

after the last day of May next, the present officers 
and men composing the State Prison Guard in the 
city of New-York, be and they are hereby thence- 
forth discharged, and the Captain of the said Guard 
shall then deliver up to the Agent, in the presence 
of the Principal Keeper, the arms, accoutrements, 
and ammunition, and all other public property now 
in the possession of the said Guard, or any of them, 
who are hereby required to deliver up and are made 
accountable for the same; and the said Captain shall 
require duplicate certificates of such delivery from 
the Agent and Keeper, one of which shall be de- 
livered to the Inspectors, and by them be transmitted 
to the Comptroller; and the said arms and ammuni- 
tion shall be kept in readiness, and be used if occa- 
sion may require, by the Keepers, under the direc- 
tion of the Principal Keeper, for security of the pri- 
son and prisoners : Provided however, that it shall be 
lawful for the Inspectors of the said prison to retain 
so many of the present Guard as they may deem ne- 
cessary for the safety of the prisoners, until the num- 
ber of the prisoners shall be reduced to five hundred 
and fifty. 

Sec. VII. And he it further enacted, That for the 
safety of the said prison and securing the prisoners, 
there shall be formed and organized, from persons 
residing nearest to the State Prison, and liable to 
militia duty, one Company, to consist of one Captain, 
one Lieutenant, one Ensign, two Sergeants, two Cor- 
porals, one Drummer, one Fifer, and twenty-five Pri- 
vates, who shall receive arms, accoutrements, and 
ammunition from the public Arsenals at New-York, 



25 

giving receipts to be accountable therefor, to be 
formed and organized under the orders of the Com- 
mander in Chief of the militia; and the said Com- 
pany shall keep their said arms, accoutrements, and 
ammunition in good order, and be always ready for 
immediate service, and shall repair with their arms 
on the first alarm, or notice from the Principal 
Keeper to the prison, and there aid and assist, under 
his direction, in defence of the prison, and to pre- 
vent the escape or any mischief meditated or threat- 
ened by the prisoners, or any of them, or danger to 
the prison from any other cause; and as an induce- 
ment and reward to the persons composing the said 
Company, they shall be exempted from all other mi- 
litia duty, and from serving on the grand or petit 
jury, during the time of their being a part of said 
Company. 

Sec. VIII. And be it further enacted, That from and 
after the last day of May next, the officers for the 
management of the State Prison and prisoners therein, 
in New-York, shall be as follows, to wit: One Agent, 
to have his office in the prison, annual salary two 
thousand dollars ; one Clerk for the prison, salary se- 
ven hundred and fifty dollars; one Principal Keeper, 
to reside in the prison, to have room for his family 
there, salary two thousand dollars ; sixteen Assist- 
ants, under the orders of the Principal Keeper, at 
four hundred and fifty dollars each, # and that the said 
Principal Keeper shall receive, annually, the addi- 
tional sum of two hundred and fifty dollars for the 
accommodation of the Inspectors, when they attend 

* Altered by a subsequent act to % 500 

4 



26 

in the prison for performing the duties herein assigned 
them; and that the sum of two hundred and sixty 
dollars per annum, be appropriated to pay the board 
of the attending Physician; and all the stationary, 
fuel, and light used in and for the prison, shall be 
furnished at the expense of this state ; the said Agent, 
Clerk, Principal Keeper, and Assistants to be ap- 
pointed by the Inspectors, and they shall, previous 
to their entering on the execution of their respective 
duties, take an oath or affirmation, to be subscribed 
by them before the Mayor or Recorder of the city 
of New-York, well and faithfully to execute and 
perform the duties required of them by this act, 
according to the best of their skill and ability ; the 
said Assistants to be under the immediate command 
of the Principal Keeper, whose orders they are re- 
quired to obey; and the said Agent and Principal 
Keeper, and his Deputy, shall conform in all things 
to the direction of the Inspectors, not contrary to 
this act ; and the said Principal Keeper is hereby 
authorised and empowered to engage and employ a 
Corporal and twelve men, who shall receive arms 
and ammunition, and accoutrements from those 
herein before mentioned, who shall be subject to 
his command, and may be dismissed at pleasure by 
him, to act as a guard for the safety of the said 
prison and prisoners, and that he contract with such 
persons for their pay, not exceeding thirty-five dol- 
lars per month for the Corporal, and thirty dollars 
per month per man for the guard, they furnishing 
themselves with every thing except fuel for the 
guard-room, and their arms, ammunition and ac- 
coutrements. 



27 

Sec. IX. And be it further enacted, That it shall be 
the duty of the Agent to keep a regular and correct 
account of all moneys received from the visiting 
fund, rents of the wharf, or other property, and 
from all other sources or means whatsoever, and of 
sums paid by him, to whom, and for what purpose ; 
and to make out and deliver to the Inspectors, at their 
monthly meeting, a return of all moneys received 
and paid by him, on account of the State Prison, 
for the preceding month ; specifying from and to 
whom received or paid, and on what account; and 
shall also, on or before the the twenty-third day of 
February,* in each year, render to the Comptroller 
the account required by the sixth section of the act 
hereby amended, to all which accounts there shall 
be an attestation, or oath, by the Agent and his 
Clerk, taken before the Mayor or Recorder, that 
the said accounts are correct and true in every par- 
ticular, to the best of their knowledge and belief 

Sec. X. Relates to Auburn Prison. 

Sec. XI. And be it further enacted, That in all cases 
of conviction for larceny, which may hereafter be 
had and made, the same shall be adjudged petit 
larceny, unless the goods so stolen shall be of the 
value of more than twenty-five dollars. 

Sec. XII. And be it further enacted, That the Canal 
Commissioners shall be, and they are hereby au- 
thorised and empowered to contract with any indi- 
vidual or individuals, company or companies, for 
the labour of any number of convicts in the State 
Prison, to be employed upon the Canal contemplated 

* Altered by a subsequent act to the last day of October 



28 

by the act, entitled, " an Act respecting navigable 
Communications between the great western and 
northern Lakes and the Atlantic Ocean," and that 
the said individual or individuals, company or com- 
panies, shall, before receiving the said convicts into 
their care or custody, give good and sufficient bonds, 
in such sum or sums of money to be approved of by 
the said Commissioners, and conditioned that the 
said convicts shall be kept, supported, and main- 
tained, free of any expense to the people of this 
state, and that none of the said convicts shall be 
taken out of the said prison to labour on said Can Is 
for any shorter period of time than six months; and 
that in case any of the said convicts shall escape 
while so employed as aforesaid, and shall be appre- 
hended and convicted thereof, it shall and may be 
lawful for the court where such conviction shall be 
had, to banish such convict or convicts from the 
state, on pain of death, if such convict or convicts 
shall return to this state, or continue therein, after 
such sentence as aforesaid. 

Sec. XIII. And be it further enacted, That if any pri- 
soner confined in the State Prison, or any other per- 
son, shall wilfully and maliciously set fire to the said 
prison, or to any of the workshops, or other erec- 
tions within the walls thereof, or procure the same 
to be done, or aid or abet the doing thereof, or shall 
be guilty of an assault and battery, with an intent 
to commit murder upon any officer of said prison, 
such person being thereof convicted, shall be ad- 
judged guilty of felony, and shall suffer death. 

Sec. XIV. Repealing section. 



29 



Sec. XV. Repealed. 

Sec. XVI. Appropriations. 

Sec. XVII. And be it farther enacted, That the com- 
pensation to be allowed to the Sheriffs of this state, 
for transporting prisoners to the State Prison, shall 
be as follows, to wit : for transporting one prisoner 
at one time, the sum of twenty-five cents per mile ; 
and for each and every other prisoner, conveyed by 
him at the same time, five cents per mile in addition 
to the said sum of twenty-five cents for a single one, 
and seventy-five cents per day for keeping each 
criminal while on the way to the State Prison, which 
allowances shall be in full for services and expenses. 

Sec. XVIII. And be it further enacted, That of the 
Assistant Keepers, one shall be appointed by the 
Keeper his Deputy, and be entitled to one hundred 
dollars in addition to his yearly pay as Assistant.* 

Sec. XIX. And be it further enacted, That the person 
administering the government of this state, for the 
time being, may, from time to time, in his discretion, 
authorise and permit the employment of any number 
of convicts, condemned to imprisonment in the State 
Prison, when the number exceeds four hundred and 
fifty, in such way, and for such purposes, and on such 
terms and conditions, and under such persons as he 
may judge proper, and may direct; and he may em- 
power such agent or agents for the purposes afore- 
said, and to carry the same into effect ; and all officers 
and others, having charge of persons convicted and 
condemned to imprisonment as aforesaid, are hereby 
required to follow such orders and directions as may 

H Amended by a subsequent act, 

/ 



30 



lawfully be given in relation to the premises; and all 
such prisoners who shall behave well shall be entitled 
to the benefit of the fifth section. 



Laws passed April 20, 1818. 

Sec. I. Repealing Section. 

Sec. II. Obsolete. 

Sec. III. And be it further enacted, That the follow- 
ing officers, instead of the compensation allowed 
them, in and by the eighth section of the act hereby 
amended, shall be allowed as follows, to wit: the 
Assistant Keepers, five hundred dollars per annum; 
and that the Assistant Deputy, appointed in and by 
the eighteenth section of the act hereby amended, 
shall receive the annual salary of seven hundred and 
fifty dollars, and no more. 

Sec. IV. Appropriation. 

Sec. V. And be it farther enacted, That the Superin- 
tendent of the weaving factory, be continued as long 
as necessary at the said prison, with an annual salary 
of seven hundred and fifty dollars, and that his salary 
be allowed and paid, commencing from the first day 
of June, one thousand eight hundred and seventeen. 

Sec. VI. And be it further enacted, That the Agent or 
Inspectors of the State Prison at New-York, or the 
Physicians or Surgeons, or any other officer or per- 
son employed at the prison, shall not be concerned, 
directly or indirectly, in the contract, purchases, or 
sales, for, by, or on account of the said prison. 



31 

Sec. VII. Repealed. 

Sec. VIII. Obsolete. 

Sec. IX. And be it further enacted, That whenever 
the board of Surgeons and Physicians of the State 
Prison at New-York, shall duly report to the In- 
spectors, the name or names of any prisoner or pri- 
soners, who are maniac or insane, it shall and may 
be lawful for the said Inspectors, to transfer such 
insane prisoner or prisoners, to the lunatic hospital 
of New-York, the directors or managers of which 
are hereby required to receive such persons, and to 
confine them according to the rules of that institution, 

Sec. X. Obsolete. 

Sec. XI, XII, XIII, XIV, XV, XVI, XVII, XVIII ? 
XIX, XX, XXI, XXII, XXIII, XXIV, XXV, and 
XXVI, relate to Auburn Prison. 



Laws passed March \% 1819. 

Sec. I. Obsolete. 

Sec. II. And be it further enacted, That the Agents 
of the State Prisons respectively, shall annually 
close their accounts on the last day of October, and 
render them to the Comptroller on or before the 
first day of December following; and that it shall 
be the duty of the Comptroller to accompany his 
annual report with a particular statement of the ac- 
counts of the said prisons. 

Sec. III. And be it further enacted, That the In- 
spectors of the State Prisons respectively, shall, on 



32 

or before the fifteenth day of January, annually, 
make the reports required of them by law to the 
Legislature. 



Laws passed April &, 1819. 

Sec. I. Be it enacted by the People of the ^tate of Nmu- 
York, represented in Senate and Assembly, That from and 
after the first day of June next, after the passing of 
this act, it shall not be lawful for the Coroner of the 
city of New-York, or of the county of Cayuga, to 
hold any inquest or view in the State Prisons, in 
either of the said counties, upon the bodies of de- 
ceased convicts, unless upon the request of the 
Agent or Keeper of either of the said prisons, under 
the direction of the Inspectors of such prison ; and 
it shall be the duty of the Inspectors, Agent, or 
Keepers of such prisons, to call the Coroner in all 
cases of death by casualty. 

Sec, II. And be it further enacted, That it shall be 
the duty of the resident and visiting Physicians and 
Surgeons^ at the respective State Prisons, to keep 
a register of all deceased convicts, stating their names, 
ages, places of birth, time of death, disease, and all 
other circumstances which they may esteem neces- 
sary ; which register shall always remain at the said 
prison, and be open to inspection. 

Sec. HI. And be it further enacted, That if any pri- 
soner, in either of the State Prisons in this state, 
.shall refuse to comply with the rules of the institu* 



33 

tion, or refuse to perform their daily task, or shall 
resist any of the officers of either of the prisons in 
their lawful authority, or shall wilfully destroy any 
of the property within the said prisons, it shall and 
may be lawful, and it is hereby declared to be the 
duty of the respective Keepers, under the direction 
of the Inspectors, to inflict corporeal punishment on 
such prisoners, by whipping, not to exceed thirty- 
nine lashes at any one time, or to confine them in 
solitary cells, on bread and water, or to put them in 
irons or stocks, as the Inspectors may deem neces- 
sary, in their discretion, proportionate to the degree 
of offence : Provided, when corporeal punishment be 
inflicted on any prisoner, by whipping, it shall be 
the duty of at least two of the Inspectors to be pre- 
sent : And provided further, That no punishment, by 
whipping, shall be inflicted on a female. 

Sec. IV. And be it further enacted, That it shall be 
the duty of the several Keepers, under the direction 
of the Inspectors of the respective State Prisons, as 
far forth as the interior structure of the said prisons 
will permit, to confine each prisoner in a separate 
cell during the times they shall not be engaged at 
work, or their exemption from such separate con- 
finement, shall be in the opinion of such Keeper or 
Inspectors necessary and proper; and that it shall 
also be the duty of the said Keepers, under the direc- 
tion of the Inspectors, as far as the arrangements of 
the prison will allow, to separate and to keep alone 
and apart from the other convicts, those prisoners 
who have been convicted of the higher crimes, those 
who have been twice, or oftener, imprisoned, those 

5 



34 

who are young, those who are old, those who are 
healthy, and those who are unhealthy. 

Sec. V. And be it further enacted, That it shall and 
may be lawful for the keepers of the jails, bride- 
wells, penetentiaries, or solitary cells, in any of the 
counties of this state, and they are hereby authorised 
and empowered, upon application, and with the 
consent of the supervisors of the county, from time 
to time, to cause to be employed as many of the 
convicts, who are capable of hard labour, as the 
said keeper and supervisors shall agree upon for that 
purpose, upon any of the public avenues, highways, 
roads, streets, or other works, in the county in which 
such prisoners shall be confined, or in any of the ad- 
joining counties, upon such terms as shall be agreed 
upon; and when so employed, the said convicts 
shall be well chained and secured, and subject to 
such regulations as the said jailer, from time to time, 
shall prescribe. 

Sec. VI, VII, VIII, IX, and X, relate to Auburn 
Prison. 

Sec. XI. And be it further enacted, That it shall be 
lawful for the commanding officer of the respective 
Companies so raised, or to be raised at New-York and 
Auburn, to order out the said Companies for drill and 
exercise, not oftener than three times in any one year; 
and that if the officers of such Companies shall neglect 
their duties, upon being reported to the Commander 
in Chief, by the Inspectors, they shall be dismissed ; 
and that if any of the non-commissioned officers or 
privates shall neglect or refuse to perform their duty, 
the commanding officer of such Company shall dis- 



35 

miss and discharge them, and enroll others in their 
stead. 

Sec. XII. Relates to Auburn Prison. 

Sec. XIII. Appropriations. 

Sec. XIV. Relates to Auburn Prison. 

Sec. XV. And be it further enacted, That it shall 
be the duty of the Agents of the State Prisons in the 
city of New-York and the village of Auburn, annually, 
on or before the first Tuesday of February in each 
year, to make a report to the Secretary of State of 
the names of convicts pardoned or discharged, the 
preceding year, from the said prisons respectively, 
the crimes for which they were convicted, the terms 
of time for which they were severally committed, 
the counties in which they were tried, the ages and 
descriptions of their persons, and in cases of pardons, 
the time unexpired of the time for which such con- 
victs were respectively sentenced, when such par- 
dons were granted, and the conditions, if any, upon 
which they were granted. And further, It shall be 
the duty of the Secretary of State, annually, on or 
before the first Tuesday of May, in each year, to 
transmit a copy of such report to each of the Clerks 
of the courts of common pleas of the several coun- 
ties in this state, to be deposited in their respective 
offices. 



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LIBRARY OF CONGRESS 



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